ITO, WARD-64(2), NEW DELHI vs. DIVYA CHANANA, NEW DELHI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the appeals were not maintainable due to the low tax effect, as per the CBDT circular which was applicable retrospectively. The Revenue could not demonstrate that any of the appeals fell under the exceptions for contesting appeals despite low tax effect.
What were the facts?
The Revenue filed several appeals before the ITAT. The tax effect in these appeals was found to be less than the revised monetary limit of Rs. 20,00,000/- for filing appeals, as per CBDT Circular No. 03 of 2018.
What were the issues?
Whether appeals filed by the Revenue are maintainable before the Tribunal when the tax effect is below the prescribed monetary limit set by the CBDT circular.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCHES : “B” NEW DELHI
Before: SHRI N.K.SAINI & SHRI SUCHITRA KAMBLE
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
ORDER PER SUCHITRA KAMBLE : JM
The present appeals filed by the Revenue in respect of different assessees are directed against the orders passed by the CIT(A) in relation to the different assessment years.
The ld. DR appeared on behalf of the Revenue. In some of the cases, the assessees put in appearance through their Representatives, while in others, the assessees remained unrepresented.
We have heard the parties. It is found that pursuant to the mandate of section 268A, the CBDT has issued Circular No. 03 of 2018, dated 11th July, 2018 with retrospective effect, revising the monetary limit to Rs.20,00,000/- for not filing appeals before the Tribunal. It is further found that as the tax effect involved in the instant appeals is less than Rs.20,00,000/-, the extant appeals are not maintainable. The ld. D.R., although supported the orders of the Assessing Officer, but ITA Nos. 4635,6485, 3592,3593/Del/2016 and 6134,5607,5501,957,5976/Del/2017 could not controvert the fact that tax effect involved in these appeals is less than Rs.20,00,000/-.
Going by the prescription of the above stated Circular, it is observed that the Instruction is applicable to the pending appeals also with retrospective effect and there is a clear-cut direction to the Department to withdraw or not press such appeals filed before the ITAT, wherein tax effect is less than Rs.20,00,000/-. We are, therefore, of the view that the Revenue should have either not filed the instant appeals before the Tribunal or withdrawn the same as the tax effect in these appeals is admittedly less than the prescribed limit, i.e., Rs. 20,00,000/- for not filing the appeal. Accordingly, we dismiss the instant appeals without going into merits of the cases.
The ld. DR has brought to our notice a letter dated 20.08.2018 of the Director (ITJ), CBDT, New Delhi addressed to All the Principal CCITs in which para no. 10 of the earlier Circular dated 11.7.2018, enumerating certain instances in which the appeals should be contested notwithstanding the low tax effect, has been revised. He, however, could not place any material on record to demonstrate that any of the above appeals is covered by the amended para of the Circular. Under these circumstances, we dismiss all the appeals filed by the Revenue and give liberty to the Department to file Miscellaneous Applications, if it is found that either the tax effect is more than the prescribed limit of Rs.20,00,000/- or the appeals gets covered in the revised para 10 of the letter dated 20.08.2018. Accordingly, the appeals of the Revenue stand dismissed.
Now we turn to the C.O. filed by an assesse. Since the appeal of the Revenue from which such C.O. has arisen, has been dismissed hereinabove, the C.O. has become infructuous and stands dismissed.
ITA Nos. 4635,6485, 3592,3593/Del/2016 and 6134,5607,5501,957,5976/Del/2017
In the result, all the appeals of the Revenue as well as the C.O. of the assessee stand dismissed.
Order pronounced in the open court on 23rd August, 2018.
More judgments on Section 268A
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- Income Tax Officer, Ward-1, Mehsana vs Hemantkumar Faljibhai Chaudhary, MehsanaITA 475/AHD/2025[2012-13]Status: Disposed25 Sept 2026AY 2012-13
- Dy. CIT-4(1), Indore vs Kiran Bajpai, IndoreITA 426/IND/2026[2024-25]Status: Disposed9 Sept 2026AY 2024-25
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